ORDER DISMISSING ORDER TO SHOW CAUSE AND

DIRECTING THE RESPONDENT TO PAY COSTS

On November 12, 2004, this Court issued an Order to Show Cause, directing the respondent to show cause why he should not be suspended from the practice of law in this state for failing to respond to the Disciplinary Commission’s demand for a response to a grievance filed against him. On November 29, 2004, the Commission filed a motion to dismiss the Order to Show Cause, therein stating that the respondent complied with the Commission’s demands on November 15, 2004. The Commission has also moved this Court to impose costs against the respondent, pursuant to Ind.Admission and Discipline Rule 23(10)(f)(5), in the amount of $513.26.

This Court, being duly advised, now finds that the Commission’s motions should be granted.

IT IS, THEREFORE, ORDERED that this Court’s Order to Show Cause issued in this matter on November 12, 2004, is hereby dismissed as moot.

IT IS FURTHER ORDERED that the respondent, Charles J. Rathburn, Jr., pursuant to Admis.Disc.R. 23(10)(f)(5), is to reimburse the Disciplinary Commission $513.26 for the costs of prosecuting this proceeding. Admis.Disc.R. 23(10)(f)(5) and 23(21)(j) provide that the respondent’s failure to pay these costs by the due date of the next annual registration fee (October 1) shall be subject to an order of suspension from the practice of law.

The Clerk of this Court is directed to forward notice of this Order to the respondent or his attorney and to the Indiana Supreme Court Disciplinary Commission.

DONE at Indianapolis, Indiana, this ______ day of December, 2004.

_______________________

Randall T. Shepard

Chief Justice of Indiana

All Justices concur.